Maintenance and Manufacturing Staff Instructions, MSI 46


Subject: Number: MSI 46
Suspension or Cancellation of Flight Authorities Revision No: 0
  Number of Pages: 11
File No: AARP-5009-3-46 Issue Date: July 31, 2004

1. Purpose

1.1 The purpose of this Maintenance Staff Instruction (MSI) is to establish the policy and procedures for the suspension of Certificates of Airworthiness and Flight Permits (Flight Authorities).

2. Background

2.1 During the normal course of events, an aircraft will develop defects almost as a matter of routine.  The suspension of the flight authority each time a defect occurred, and its subsequent reinstatement when the defect was rectified, would obviously be impractical. For this reason, the concept of the flight authority being "in force" or "not in force" was developed.  Failure to meet the conditions of the certificate or permit (such as the existence of a defect which renders the aircraft unsafe for flight) automatically results in the document being out of force. The signing of a "maintenance release " following the rectification of the defect automatically reinstates the document.

2.2 However, not every defect affects the status of the flight authority. The regulations recognize this fact by simply requiring that all known defects be entered in the aircraft journey log. The operator must then decide whether the recorded defects cause the flight authority to be out of force, or otherwise render the aircraft unfit for the intended flight. In some cases the operator may be assisted in making the appropriate decision by consulting an approved minimum equipment list (MEL).

2.3 As long as the procedure described above is being followed, there will be no need for suspension of the flight authority.  Where there is reason to believe, however, that the correct procedure is not being followed and the possibility exists that the aircraft may fly with its certificate or permit not in force, or while in an unsafe condition, it is the duty of the airworthiness inspector to suspend the appropriate document.  This action will eliminate any possible doubt regarding the legality of the intended flight, since operation of the aircraft while its flight authority is suspended is clearly an offence.

3. Responsibility

3.1 Regional Managers, Aircraft Maintenance & Manufacturing and their designated Civil Aviation Safety Inspectors (CASI's) are responsible for initiating regulatory compliance measures prescribed in this MSI.  Where the action is taken in respect of an aircraft based in another region, the inspecting region is responsible for promptly notifying the region in which the aircraft is based, of the circumstances.  Any outstanding or follow-up action is the responsibility of the initiating region, unless there is mutual agreement to the contrary.

4. Authority

4.1 The Minister of Transport, in accordance with the provisions of subsection 4.3(1) of the Aeronautics Act, has delegated to CASI's the following powers:

  1. in accordance with subsection 7.(1) of the Act, to suspend a Certificate of Airworthiness or a Flight Permit on the grounds that an immediate threat to safety exists or is likely to occur;
  2. in accordance with paragraph 7.1(1)(b) of the Act, to suspend a Certificate of Airworthiness or a Flight Permit on the grounds that the aircraft ceases to comply with the conditions, subject to which the document was issued;
  3. in accordance with sub-section 8.7(1) of the Act, to enter any aircraft, aerodrome or facility relating to aeronautics for the purposes of making routine inspections, to seize evidence of an offence (only while on a routine inspection), and to detain any aircraft that he believes on reasonable grounds is unsafe or is likely to be operated in an unsafe manner.

5. Inspection Procedures

5.1 General - When conducting an inspection, the inspector should identify himself to the owner/operator of the aircraft and announce his intention to inspect the aircraft and its records.  If necessary, the appropriate delegated authority should be quoted (e.g. subsection 8.7(1)(a) of the Act and subpart 103.02 of the Canadian Aviation Regulations (CAR's).  The inspector should not enter the aircraft without the permission of the owner or his authorized representative.  If entry is refused, the inspector should advise the owner/operator of the offence of willful obstruction (paragraph 7.3(1)(d) of the Act).  An Aircraft Inspection Report (form 24-0008) should be used as a guide for the inspection, and for recording the name of the owner/operator, and any comments defects or deficiencies. (If defects or deficiencies are found then appropriate notification letter, form 24-0019 shall be used).  The owner/operator should be advised of the results of the inspection, which would either be satisfactory or unsatisfactory.

5.2 Inspection Satisfactory - If the aircraft and its maintenance records are found to be satisfactory, a copy of the Aircraft Inspection Report (24-0008) should be placed on the regional 5008-file.  A copy of the 24-0008 should be left with the owner. The Computerized Airworthiness Information System (CAIS) file shall be updated.  No other action is necessary.

5.3 Inspection Unsatisfactory - If the inspection reveals any defects or deficiencies the inspector must advise the owner/operator of the problem(s) using letter of notification form 24-0019 for Canadian registered aircraft or 24-0018 for other than Canadian registered aircraft. This form ensures that the owner is advised of deficiencies, it does not suspend the flight authority.  It does, however, notify the operator that in the inspector's opinion, the aircraft is unfit for flight.  A response date shall be established between 7 and 30 days from the date of issue.

5.4 The inspector issuing the letter of notification will advise the owner to whom at Transport Canada the response letter should be sent.  When an inspector issues a Letter of Notification against a foreign registered aircraft, a copy of the letter must be sent to Headquarters for appropriate coordination with foreign airworthiness authorities when necessary. Owners of Canadian registered aircraft must return the response letter (24-0019A) to the regional airworthiness office, which issued the notification letter.  Owners of aircraft of other than Canadian registry must return the response letter (24-0018A) to HQ Attn:  Director, Maintenance and Manufacturing (AARP) Transport Canada Building, Place de Ville, Ottawa, Ontario, Canada K1A 0N8 or by facsimile at 613-952-3298.   HQ will forward a copy of the response letter to the appropriate regional office.

5.5 Corrective action must be taken by the operator to correct any deficiencies by means of voluntary compliance on or before the response date indicated on the letter of notification form 24-0018 or 24-0019.  If this does not occur, the inspector will follow procedures described in 6.0 (Suspension for Failure to Comply With Conditions) and suspend the aircraft flight authority pursuant to section 7.1(1)(b) of the Aeronautics Act.

5.6 If the inspector considers that, notwithstanding notification of the owner/operator of the deficiencies, there is a probability that the aircraft will be flown in that condition, he must take action to suspend the flight authority under the appropriate section of the Aeronautics Act.  Care should be taken to accurately specify the grounds for suspension, as they will have a direct bearing on the legality of the action taken by the inspector and on the procedure to be followed in any possible appeal.

5.7 Should the aircraft be flown while the flight authority is suspended, it will merely be necessary for Transport Canada to prove that it was flown by the accused, and that the certificate was suspended at the time.  It would not be necessary to show that the aircraft was unairworthy.

6. Suspension for Failure to Comply with Conditions

6.1 Assessing Deficiencies

Examples of deficiencies, which constitute a failure to meet the conditions of issue of the flight authority, include:

  1. non-compliance with any conditions or limitations of the Type Certificate or Type Approval (e.g. wrong make and model of engine installed, absence of mandatory placards, defects in essential equipment, etc.); 
  2. non-compliance with any condition specified on the flight authority document;
  3. non-compliance with applicable Airworthiness Directives or equivalent notices;
  4. aircraft not maintained in accordance with the appropriate approved maintenance schedule;
  5. embodiment of unapproved modifications;
  6. unapproved parts installed;
  7. any defect which causes the aircraft to be unfit for flight.

Note:            

Defects, which affect only the aircraft's compliance with certain operational requirements, such as the night flying or instrument flying requirements, are not grounds for suspension under subsection 7.1(1)  but may be considered for suspension action under subsection 7.(1) discussed below at 7.0.

6.2. Suspension Procedures

6.2.1. Once a decision has been made by a CASI to suspend a Certificate of Airworthiness on the grounds that the aircraft does not comply with the conditions subject to which the certificate was issued, the document holder (i.e. owner and/or operator) must be informed of the decision, and of the conditions for reinstatement of the document.

6.2.2. A Notice of Suspension must be prepared in accordance with subsections 7.1(1) and (2) of the Act and subpart 103 of the CAR's.  The notice should be served using form 26-0370 (see Appendix A) which must contain the following information:

  1. the registration marks of the aircraft in the top right hand corner information block together with the aircraft manufacturer, the model type and the address and telephone number of the Transport Canada regional office issuing the notice;
  2. the conditions subject to which the document was issued that the Minister believes are no longer being met or complied with, together with the circumstances of the non-compliance;
  3. a statement of the effective date of the suspension;
  4. a statement of the conditions under which the suspension may be terminated; and
  5. the date by which a request for review by the Transportation Appeal Tribunal of Canada (TATC) must be received by the Tribunal.

6.2.3. The notice shall be served on the document holder (owner or operator) of the aircraft personally or sent by registered mail to his last known address.  If the owner and operator are not the same person, the original (white) copy of the Notice of Suspension is to be delivered to the owner, the triplicate (pink) copy to the operator.  Where the same person is both owner and operator, both the original and the triplicate are to be served. The duplicate (yellow) copy is to be retained by the Department.

6.2.4. The date of the notice is the date on which the notice is to be served or sent.  It will usually be served at the time defects are discovered.  If the document holder fails to return the suspended document, he/she shall be prosecuted under, subpart 103 of the CAR's by Aviation Enforcement personnel.

6.2.5. The owner is entitled to request a review of the suspension by the TATC.  On being notified of a review of the suspension by the TATC, the procedures outlined at 11.0 below shall apply.

6.3. Cancellation Procedures

6.3.1. The authority to cancel a Certificate of Airworthiness is delegated to the Regional Managers Maintenance and Manufacturing.  Although this would be an extremely rare occurrence, when such a decision is made the Notice of Cancellation must be prepared in accordance with subsections 7.1(1) and (2) of the Act and subpart 103 of the CAR's.  It must contain the following:

  1. the conditions subject to which the document was issued that the Minister believes are no longer being met or complied with, together with the circumstances of the non-compliance;
  2. a statement of the effective date of the cancellation
  3. a statement that a review of the Minister's decision by the TATC can be obtained by filing a written request on or before the date, which is 30 days after the notice, is served or sent;
  4. the address to which a request for review must be directed (the Ottawa office of the Tribunal);
  5. a statement that a request for review by the Tribunal does not operate as a stay of the cancellation;
  6. a statement that the document holder shall abide by the terms of the cancellation and return his  certificate or permit to the regional or district office;
  7. a statement that a person who fails to return his cancelled document shall be liable to prosecution under the Air Regulations and,
  8. the address and telephone number of the regional or district office, which prepared the notice.

6.3.2. Given the rarity of cancellation, a Notice of Cancellation form has not been printed.  A form prepared on a word processor that conforms to the style of the Notice of Suspension may be used.

6.3.3. The Notice of Cancellation shall be served on the document holder (owner or operator of the aircraft) personally or sent by registered mail to his last known address.  The date appearing on the notice shall be the date on which the notice is served or sent.

6.3.4. Where the document holder fails to return the cancelled document, he/she shall be prosecuted under, subpart 103 of the CAR's by Aviation Enforcement personnel.

6.3.5. On notification by the TATC of a review of the cancellation decision, the procedures outlined at paragraph 11.0 shall be followed.

7. Suspension for Immediate Threat to Safety and Detention of Aircraft

7.1 Suspension Procedures

7.1.1 Circumstances, which constitute an "immediate threat to aviation safety", include any condition, which, if not rectified before flight, would create the risk of an aircraft accident.  They may include those conditions which cause the aircraft not to comply with particular operational requirements such as the instrument flying, seatbelt requirements or maintenance standards such as installed unapproved parts where there are grounds to believe that, were the flight authority not to be suspended, the aircraft might be operated in an unsafe manner.

7.1.2 A suspension for an immediate threat to safety is imposed pursuant to Section 7 of the Aeronautics Act.  However, if the investigation discloses evidence of failure to comply with conditions, the suspension should be imposed pursuant to paragraph 7.1(1)(b) (see 6.2 above) and not Section 7.  Generally, it should be easier to prove that an aircraft does not comply with conditions than to prove that "an immediate threat to aviation safety" has been created (this term is not defined in the legislation).

7.1.3 In cases of an immediate threat to safety the inspector should also consider the need to detain the aircraft in accordance with subsection 8.7(1)(d) (see below at 7.2).

7.1.4 Where an airworthiness inspector decides to suspend a document pursuant to sub-section 7.(1) of the Act for an immediate threat to safety, the following procedures apply:

  1. The inspector must be satisfied that an immediate threat to aviation safety exists or is likely to occur and must inform the owner/operator orally of the decision made.
  2. A Notice of Suspension form, 26-0367 (see appendix B) shall be completed in accordance with subsections 7.(1) and (2) of the Act and subpart 103 of the CAR's.
  3. The notice shall indicate the immediate threat to aviation safety that the Minister believes exists, or is likely to occur.  It shall also indicate the conditions under which the suspension will be terminated; that is, the conditions, which, if met, would remove the threat to aviation safety.  The notice shall state further that the document is not in force until such time as the Minister terminates the suspension.
  4. The notice shall contain the date the notice is served or sent in the right hand corner information block together with the type of document suspended, (e.g. C of A, flight permit), the document number, and the address and telephone number of the regional or district office issuing the notice.  The identifying file number should be included, if it is known at the time of completion of the form.
  5. The notice shall be sent immediately by registered mail or served personally at the document holder's last known address.  The notice prepared on site may be handed directly to the document holder, owner or operator and the suspended document shall be returned to the inspector.

7.1.5 Where the document holder fails to deliver the suspended document, he shall be prosecuted under subpart 103 of the CAR's by Aviation Enforcement personnel.

7.1.6 A holder of a suspended document is entitled to be heard by the Tribunal as soon as practicable, pursuant to subsection 7.1(3).  Where a request for review is submitted and a hearing by the TATC is scheduled, the procedures described at paragraph 11.0 apply.

7.2 Detention of Aircraft Under Paragraph 8.7(1)(d)

7.2.1 Notwithstanding any suspension action which may have been taken, where the inspector has grounds to believe that an aircraft is unsafe or is likely to be operated in an unsafe condition, he may detain the aircraft pursuant to paragraph 8.7(1)(d) by taking whatever action is reasonable to prevent the unsafe operation.  The assistance of the RCMP may be requested for the purpose.

7.2.2 Inspectors, when detecting such conditions, should introduce themselves to the pilot or owner, specify the unsafe condition, and tactfully try to obtain voluntary compliance.  If persuasion does not secure compliance, the inspector should:

  1. advise the pilot or owner of the unsafe condition and of the consequences of failing to comply (i.e. detention and/or regulatory compliance action);
  2. where the pilot/owner is unavailable or is unwilling to comply, attach to the aircraft, in a prominent place, a written Notice of Detention form (English) or (French) specifying the unsafe condition, and serve a copy on the pilot/owner.  (An example of a Notice of Detention form is contained in Appendix C);
  3. if necessary, restrain the movements of the aircraft by:
      
    1. requesting Air Traffic Services (ATS) to deny taxi and takeoff clearance, 
    2. blocking it with vehicles,
    3. attaching it to immovable objects, or
    4. in extreme cases, by judicious and temporary disablement.
        
  4. notify the local detachment of the RCMP or local police authority of any such action.

7.2.3    Where an aircraft is detained or where evidence of a contravention is seized, the inspector must:

  1. take all reasonable care to preserve and protect the aircraft or such evidence in the condition it was first acquired;
  2. mark the aircraft by attaching to it a written notice of detention; identify the evidence by attaching labels and recording particulars of the seizure;
  3. release the aircraft from detention when he is satisfied that the aircraft is safe and likely to be operated in a safe manner; return the evidence to the person from whom it was seized when it is no longer required for evidence.

7.3   Preservation of Evidence

7.3.1   Whatever action is taken by an inspector must be supported by the facts.  It is in the interests of all concerned that the best evidence be secured to support those facts.  Therefore, the inspector should keep a record of his actions, and of all observations during the course of any inspection, suspension or detention.  Of greatest importance is perishable evidence, which could later be altered or destroyed.  Logbooks, which may be altered later, are examples of perishable evidence, and should be seized in any case where there is an intention to take regulatory compliance action for a contravention of the regulations.  Inspectors may demand that a person produces logbooks under the authority of subpart 103 of the CAR's, seize them under paragraph 8.7(1)(c) of the Aeronautics Act and then check with the regional aviation enforcement staff to determine whether the logs should be retained for administrative or regulatory compliance purposes.  Wherever possible, the owner of the logbook should be provided with a photocopy of the last few pages of the log, plus several blank pages, and be advised to maintain a temporary log until such time as the original log is returned to the owner.  Should the owner refuse to surrender logs, licences or other documents upon request, the inspector should solicit the assistance of the nearest RCMP detachment.  If a search is to be conducted, a warrant must be obtained.

7.3.2     Each inspector should keep a notebook and record in ink all such events to assist his memory at a later date, should the need arise.  Notes recorded at the time of the occurrence are of greatest value in refreshing the memory of the inspector.  These notes should not be destroyed.

8. Notification to Other Branches

8.1 While carrying out his/her duties, a civil aviation safety inspector may become aware of regulatory compliance matters, which are the responsibility of other branches of Transport Canada.  In some cases, a single event may involve a number of different regulatory compliance actions, and the inspector should ensure that in each case the appropriate Branch is notified promptly in addition to the normal internal notification procedures.  The inspector should also be aware that he/she might be called upon as a witness, either to give evidence, to give an expert opinion, or both.  Examples of circumstances which must be reported to other Branches include:

  1. Incompetence of an Aircraft Maintenance Engineer - resulting in the suspension of his/her license must be reported to the Superintendent, AME Licensing and Training in HQ.
  2. Contravention of the Act or the Canadian Aviation Regulations (CARs) - report to the Regional Manager, Aviation Enforcement.

9. Foreign Registered Aircraft

9.1 The foregoing procedure for suspending Certificates of Airworthiness and Flight Permits is not applicable to foreign registered aircraft.  In its place, the following procedure is to be used:

  1. Civil aviation safety inspectors may inspect foreign registered aircraft under subsection 8.7(1) f the Aeronautics Act, demand the owner/operator or an authorized representative to produce certificates, documents and logbooks under subpart 103 of the CAR's, and seize them under paragraph 8.7(1)(c) of the Aeronautics Act, if they believe that such material will afford evidence with respect to an offence under Part I of the Act.  If inspectors suspect that an offence has been committed they must obtain a warrant to enter and search the aircraft.
  2. If, upon inspection, the foreign registered aircraft is found to be unsafe for flight, the inspector should record the defects on a Letter of Notification 24-0018 and present a copy to the owner/operator or authorized representative.  A copy of the letter should be sent by the quickest means to Headquarters attention the Director, Maintenance and Manufacturing.  The person who receives the Letter of Notification should be advised of a course of action acceptable to Transport Canada.  Should any maintenance work be required on an aircraft registered in a state with which Canada has a bilateral airworthiness agreement, the owner/operator should be reminded of the agreement.
  3. Should there be any disagreement between the foreign owner/operator and the inspector on an acceptable plan of action, the inspector should contact his Regional Airworthiness Office.  The Regional Office should contact the Director, Maintenance and Manufacturing, in HQ to establish a line of communication with the foreign authority and to seek agreement on an appropriate course of action for the aircraft in question.
  4. In any case, should the owner/operator of the foreign registered aircraft attempt to proceed on a flight while the aircraft is in an unsafe condition, the inspector is authorized to take action, including detention of the aircraft, until such time as he is satisfied that the action necessary to make the aircraft fit for flight has been taken

10. Suspension by Headquarters Personnel

10.1  Notwithstanding the procedure set forth for a suspension, if an inspector at Headquarters has reason to believe a flight authority should be suspended pursuant to subsections 7.(1) or 7.1(1) of the Aeronautics Act, the following procedure shall apply:

  1. Determine the proper mailing address of the owner/operator of the aircraft;
  2. Send a Notice of Suspension to the aircraft owner/operator as soon as possible by registered mail, or have the notice served by a member of the local RCMP Detachment.

10.2  Reasons for suspending a Certificate of Airworthiness or Flight Permit by HQ include:

  • the Type Approval has been suspended; or
  • suspension is recommended by the foreign airworthiness authorities in respect of a Canadian registered aircraft operating in that foreign country.

NOTE: HQ will liaise with the appropriate regional office regarding the suspension of a C of A related to a Canadian registered aircraft operating in a foreign country.

11. Transportation Appeal Tribunal of Canada Review and Appeal Procedures

11.1 The Transportation Appeal Tribunal of Canada (TATC) has the jurisdiction to review any decision made by the Minister to suspend or cancel a Canadian aviation document on grounds of ceasing to meet conditions subject to which the document was issued, or to suspend for an immediate threat to safety.  In each case, the review process is initiated by the document holder, who files a written request for review with the Tribunal.  Where a hearing has been so arranged and notification from the TATC has been received, the following procedures apply:

  1. All cases before the single member of the Tribunal (the initial review), shall be presented by a designated Case Presenting Officer (CPO).
  2. The CPO should contact the other party or his counsel, to determine whether agreements can be reached to expedite the hearing.  These would include agreements on the admission of facts, the exchange of documents and other procedural matters.
  3. Witnesses appearing on behalf of the Department shall be notified so that they can be available for the hearing.  Departmental employees may be directed to attend, whereas members of the public must be summoned under the authority of the Tribunal.  Blank summonses (obtained from the Tribunal) must be filled in and served on the witness.
  4. The CPO shall confirm with the TATC the time, date and place for the hearing.
  5. The CPO shall review the case report to ensure that it is complete.
  6. Where necessary, the CPO shall obtain certified true copies of documents for presentation to the TATC.
  7. If a witness is unable to attend the hearing and testimony is essential to prove the case, an affidavit shall be obtained from the witness duly sworn before a notary public or commissioner of oaths.
  8. Where a case is likely to involve complicated legal arguments or a legal opinion on certain matters may be required, the Regional Office of the Department of Justice (DoJ) shall be consulted.
  9. If the document holder is being represented by counsel, the CPO shall consider seeking DoJ representation of the Department's case, or assistance by a DoJ counsel in presenting the case.
  10. In every case where a CAT review has been sought by the document holder the CPO shall notify the Director, Maintenance and Manufacturing of the time, date and place of the hearing and the essential facts of the case.
  11. The CPO shall ensure that each witness for the Department is provided with a copy of his statement and other related material pertaining to the testimony prior to the hearing date.
  12. The CPO or his delegate shall meet with each witness for the Department on the day of the hearing and review the testimony being offered.  The witnesses shall be given a copy of their written testimony to refresh their memory.
  13. The CPO shall determine whether any expert witness testimony is required.  If so, he shall select the witness or witnesses and meet with them to explain the nature and extent of the testimony required.  Where necessary, such witnesses may be summoned to attend the hearing.

11.2 Further information concerning case preparation and presentation and appeal before the Tribunal may be found at the following Transport Canada Regulatory Services Advisory and Appeals website: http://www.tc.gc.ca/eng/civilaviation/regserv/appeals-menu-1064.htm.

12. Reconsideration by the Minister

12.1 Suspension for Failure to Comply with Conditions

12.1.1   Following a review of the Minister's decision to suspend a flight authority for failure to comply with conditions, the Tribunal may confirm the decision or refer the matter to the Minister for reconsideration.  The Tribunal may not substitute its own decision for that of the Minister because the Minister has exclusive authority to determine who is entitled to hold a document.

12.1.2   Nevertheless, a determination to refer the matter to the Minister may result in the flight authority being put back in force before the Minister can reconsider the matter.  In accordance with subsection 7.1(9) of the Aeronautics Act, a suspension or cancellation ceases to be of force or effect following a reference back until the Minister decides otherwise as a consequence of reconsideration.  In other words, a suspension or cancellation is automatically lifted until the Minister reconsiders the matter and decides to re-impose the suspension.  This provision places the onus on the Minister to reconsider the matter as soon as practicable to avoid creating a threat to safety.

12.1.3   The authority to reconsider decisions to suspend documents on this basis is delegated to the Director, Maintenance and Manufacturing (AARP) (Schedule F-1, Ministerial Delegation of Authority).  The inspector or CPO responsible for the case should immediately notify AARP regarding the Tribunal's determination to refer the matter back for reconsideration.  He should forward to AARP the case file, the Tribunal's determination, and his notes from the hearing and any other comments or reports relevant to the reconsideration.  AARP will normally want to consult the inspector who made the original decision and the CPO (if a different person) before making his decision.  The reconsideration must be genuine and timely.  In serious cases, the Department should be prepared to reconsider the matter and make a decision immediately following the Tribunal's decision to refer the matter to the Minister.

12.1.4   As soon as a decision is made following reconsideration, the Department must draft and send a letter to inform the applicant of the decision (i.e. to maintain the suspension or to cancel the suspension).

12.1.5   The letter should be served personally or by registered mail as soon as practicable.  A copy should be sent to the Tribunal.

12.2     Suspension for Immediate Threat

12.2.1   The Tribunal has full authority to confirm the Minister's decision to suspend a document on the basis of an immediate threat to aviation safety or to substitute the member's decision for the decision of the Minister.  It is not limited to referring the matter back to the Minister for reconsideration, because the applicant's qualifications to hold a document are not in issue.

12.2.2   However, a right to request a reconsideration is given to the applicant.  Where the applicant chooses not to appeal to the panel of the Tribunal, or where an appeal has been dismissed, he may, in writing, request the Minister to reconsider whether the threat continues to exist or is likely to occur.  There are no implications for the document when such a request is made: if the Tribunal has confirmed the Minister's decision, the suspension continues despite the applicant's request for reconsideration.

12.2.3   Reconsideration should be conducted promptly. The authority to reconsider suspensions for immediate threat is delegated to the AARP.  The inspector or CPO who receives the request for reconsideration should immediately forward the request to the AARP along with all relevant material from the case file, Tribunal decision(s) and notes and comments made at the hearing(s).  The AARP will normally want to consult the inspector who made the original decision and the CPO (if a different person) before making his decision.  RDAs are reminded that their decisions will be regarded as new decisions under the Act, entitling the applicant to a new round of review and appeal hearings.

12.2.4   As soon as a decision is made following reconsideration the Department must send a letter to inform the applicant of the decision (i.e. to maintain the suspension because the threat still exists, or to cancel the suspension) and to advise that the applicant may seek a review of this decision by filing a request with the Tribunal within thirty days.  The letter should be served personally, or by registered mail.

13. Appendices

Appendix "A"Notice of Suspension (Form 26-0370)

Appendix "B"
Notice of Suspension (Form 26-0367)
(Immediate threat to safety)

Appendix "C"
Notice of Detention of Aircraft (Form 26-0365)

Appendix "G"
Letter of Notification (Form 24-0019)
(Canadian registered aircraft)

Appendix "H"
Response to Letter of Notification (Form 24-0019A)
(Canadian registered aircraft)

Appendix "I"
Letter of Notification (Form 24-0018)
(Other than Canadian registered aircraft)

Appendix "J"
Response to Letter of Notification (Form 24-0018A)
(Other than Canadian registered aircraft)

14. Effective date

14.1 This instruction comes into effect immediately

15. HQ Contact

15.1 The responsible officer indicated below may be contacted for information regarding this MSI:

Jeff Phipps, AARPE
Chief, Standards and Procedures Aircraft Maintenance & Manufacturing
Phone: (613) 952-4386
Facsimile: (613) 952-3298

D.B. Sherritt
Director,
Maintenance and Manufacturing

 

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